Prosecution Insights
Last updated: April 19, 2026
Application No. 17/074,163

USE OF PYDIFLUMETOFEN FOR THE REDUCTION OF MYCOTOXIN CONTAMINATION IN PLANTS

Non-Final OA §103
Filed
Oct 19, 2020
Examiner
RODRIGUEZ, RAYNA B
Art Unit
1628
Tech Center
1600 — Biotechnology & Organic Chemistry
Assignee
Bayer Cropscience Aktiengesellschaft
OA Round
6 (Non-Final)
32%
Grant Probability
At Risk
6-7
OA Rounds
3y 2m
To Grant
55%
With Interview

Examiner Intelligence

Grants only 32% of cases
32%
Career Allow Rate
180 granted / 562 resolved
-28.0% vs TC avg
Strong +23% interview lift
Without
With
+22.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
63 currently pending
Career history
625
Total Applications
across all art units

Statute-Specific Performance

§101
1.7%
-38.3% vs TC avg
§103
45.2%
+5.2% vs TC avg
§102
16.1%
-23.9% vs TC avg
§112
21.9%
-18.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 562 resolved cases

Office Action

§103
DETAILED ACTION This office action is in response to applicant’s filing dated November 25, 2025. Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on November 25, 2025 has been entered. Status of Claims Claims 1-6 and 8 are pending in the instant application. Acknowledgement is made of Applicant's amendments filed November 25, 2025. Acknowledgement is made of Applicant's amendment of claims 1 and 3; and cancelation of claim 7. Priority The present application is a CON of US Application 15/766,726 filed on April 6, 2018, which is a 371 of PCT/EP2016/074109 filed on October 7, 2016, which claims benefit of foreign priority to EP 15189239.5 filed on October 9, 2015. Modified Objections and/or Rejections Modifications Necessitated by Claim Amendment Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claims 1-6 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Hoffmann et al (WO 2012/072575 A1, cited in the IDS filed October 19, 2020) in view of Haas et al (WO 2013/167651 A1, cited in the IDS filed October 19, 2020) and Sztor et al (WO 2007/003320 A1, cited in a previous Office Action). Regarding claim 1, Hoffmann teaches a method of reducing mycotoxin contamination in plants and/or any plant material and/or plant propagation material comprising applying to the plant or plant propagation material an effective amount of a compound of formula (I) (claim 1): PNG media_image1.png 297 530 media_image1.png Greyscale wherein the mycotoxin is deoxynivalenol (claim 9), wherein the compound of formula (I) is (claim 5): PNG media_image2.png 198 397 media_image2.png Greyscale The compound taught by Hoffman differs from the instantly claimed compound in position denoted R14. In particular, the compound taught by Hoffmann comprises a H instead of a Cl in the position denoted R14. Hoffmann further teaches in particular embodiments the compounds according to formula (I) can be combined with other active ingredients like fungicides (page 12, lines 26-27); including prothioconazole (page 12, line 29-page 13, line 12). Hoffmann does not explicitly teach the method of reducing deoxynivalenol contamination in a plant consisting of applying the claimed compound of formula (I) and prothioconazole. However, Hoffman teaches R14 of formula (I) stands for hydrogen or halogen (claim 1) and halogen is preferably fluorine, bromine or chlorine (page 5 ,line 23). Thus, Hoffman teaches R14 is alternatively hydrogen or halogen, including chlorine. It would have been prima facie obvious to arrive at the claimed compound from the teachings of Hoffman for use in a method of reducing mycotoxin contamination in plants and/or any plant material and/or plant propagation material comprising applying to the plant or plant propagation material wherein the mycotoxin is deoxynivalenol since compounds similar in structure would be expected to have similar properties. A prima facie case of obviousness may be made when chemical compounds have very close structural similarities and similar utilities. "An obviousness rejection based on similarity in chemical structure and function entails the motivation of one skilled in the art to make a claimed compound, in the expectation that compounds similar in structure will have similar properties." In re Payne, 606 F.2d 303, 313, 203 USPQ 245, 254 (CCPA 1979). Moreover, Haas teaches a method of enhancing crop plants by applying to the plants, plant parts, plant propagation material, or a plant growing locus a compound of formula (I) (claim 1); wherein the compound is Compound (II) (claim ): PNG media_image3.png 196 376 media_image3.png Greyscale Compound of formula (II) is equivalent to instantly claimed compound of formula (I) also known as pydiflumetofen. Compound of formula (II) shows an excellent fungicidal activity and is effective for reduction of mycotoxin contamination in plants; mycotoxins (in particular deoxynivalenol) are produced for example by different Fusarium species as described in WO2012/072575 (which is the same as instantly cited Hoffman) (page 3, lines 7-16). Thus, Haas suggests pydiflumetofen is useful for reducing mycotoxin contamination including deoxynivalenol contamination. Sztor teaches a method of reducing mycotoxin contamination of a plant and/or harvested plant material comprising treating plant propagation material with one or more fungicides (claim 1); wherein the mycotoxin is deoxynivalenol (claim 4); and wherein the fungicide is prothioconazole (claims 6 and 7). Thus, Sztor teaches a method of reducing deoxynivalenol contamination comprising administering prothioconazole. Thus, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the teachings of the references so as to produce a composition consisting of pydiflumetofen taught by the combination of Hoffman and Haas to further consist of prothioconazole taught by Hoffman and Sztor. One would have been motivated to utilize pydiflumetofen since the prior art teaches structurally similar compounds are suitable for use in a method of deoxynivalenol contamination in plants and/or any plant material and/or plant propagation material and pydiflumetofen is effective for mycotoxin contamination and since compounds similar in structure would be expected to have similar properties. One of ordinary skill would have been motivated to combine pydiflumetofen and prothioconazole since they are both taught to be useful for reducing mycotoxin contamination including deoxynivalenol. Moreover, the instant situation is amenable to the type of analysis set forth in In re Kerkhoven, 205 USPQ 1069 (CCPA 1980) wherein the court held that it is prima facie obvious to combine two agents each of which is taught by the prior art to be useful for the very same purpose. The idea of combining them flows logically from having been individually taught in the prior art. Applying the same logic to the instant claims, one of ordinary skill in the art would have been imbued with at least a reasonable expectation of success that by combining the pydiflumetofen rendered obvious by Hoffman and Hass with prothioconazole, one would have achieved a composition suitable for use in a method of reducing deoxynivalenol contamination in plants and/or any plant material and/or plant propagation material and pydiflumetofen is effective for mycotoxin contamination. Regarding the limitation “wherein the plant has at least 80% less deoxynivalenol contamination than a plant which has not been treated, the wherein limitations of this claim, is considered to simply express the intended result of a process step positively recited, which is not given patentable weight (See MPEP 2111.04: [T]he court noted (quoting Minton v. Nat'lAss'n of Securities Dealers, Inc., 336 F.3d 1373, 1381, 67 USPQgd 1614, 1690 (Fed. Cir. 2003)) that a "'whereby clause in a method claim is not given weight when it simply expresses the intended result of a process step positively recited.'" Hoffer v. Microsoft Corp., 405 F.3d 1396, 1399, 74 USPQgd 1481, 1483 (Fed. Cir. 2005).). In the instant case, the wherein clause is directed to the intended result (i.e., 80% less deoxynivalenol than a plant which has not been treated) of the process step positively recited (i.e., treating a plant with pydiflumetofen and prothioconazole to reduce deoxynivalenol contamination). Regarding claim 3, Haas teaches pydiflumetofen is useful for improving plant yield (claims 1, 2, and 9). Regarding claim 6, Hoffmann teaches plants that can be protected include wheat (page 20, lines 3-5; lines 21-22; and lines 23-25). Haas teaches suitable target crops include wheat (page 8, lines 8-9). Sztor teaches the plant material treated is a wheat (claims 7-9). Taken together, all this would result in the practice of the method of claims 1, 3, and 6 with a reasonable expectation of success. Regarding claims 2 and 4, Hoffmann teaches the active ingredient may be applied with a liquid formulation of the fungicide (page 51, lines 1-3). Haas teaches a compound of formula (I) may be formulated as a liquid composition (page 21, lines 5-8). Sztor teaches the pesticides (including fungicides) may be used in unmodified form but is normally used in the form of compositions; suitable carriers and adjuvants can be liquid (page 7, lines 21-24). Thus, it would have been prima facie obvious to formulate the composition consisting of pydiflumetofen and prothioconazole as a liquid composition in view of the teachings of the cited art which establish that both pydiflumetofen and prothioconazole can be formulated as a liquid composition. Taken together, all this would result in the practice of the method of claims 2 and 4 with a reasonable expectation of success. Regarding claim 5, Hoffman teaches plant material treated by the disclosed method (claim 11). Haas teaches a tomato plant treated with a compound of formula (II) (page 25, lines 29-30). Harvested plant material obtained from plants treated using the method of the invention will have less mycotoxin contamination than harvested plant material from untreated plants (page 4, lines 8-10). Moreover, one of ordinary skill in the art before the effective filing date of the invention would recognize that treating a plant with the method of reducing deoxynivalenol contamination consisting of pydiflumetofen and prothioconazole rendered obvious by the cited art would result in a plant treated by such method. Regarding claim 8, Hoffmann teaches plant material to be treated include flowers (page 19, line 29). Sztor teaches harvested plant material includes flowers (page 4, lines 25-26). It would have been prima facie obvious to one of ordinary skill in the art to apply the pydiflumetofen and prothioconazole to reduce deoxynivalenol during flowering since the cited art teach administering the disclosed composition to flowers. Thus, resulting in the method of claim 8 with a reasonable expectation of success. Response to Arguments Applicant argues: Applicant's Examples A and B establish significant reduction in deoxynivalenol (DON) content, including the results in Table 1 showing greater than 80% reduction as required in claim 1. Hoffman describes pyrazole carboxylic acid amides useful for the reduction of mycotoxin contamination in plants. The Office acknowledges the distinction between the compound of Hoffmann and pydiflumetofen is chloro-substituted as compared to the -H group of the cited composition of Hoffman. However, the compound of Hoffmann showed an activity of > 80% of inhibition of DON and growth inhibition of Fusarium graminearum. Tested compounds of Hoffmann thus are indicated as effective for their desired purpose. Regardless of any similar structures, applicant submits one skilled in the art would not necessarily have had any reason to make the proposed solution. The unmodified compound of Example 1 of Hoffmann was established as effective for the desired purpose. Accordingly, one skilled in the art would not have had any reason to consider the proposed modification. In fact, the specification of Hoffmann, including the cited passage on page 5, does not express any preference for this substitution. Examiner's response: The above argument has been carefully considered and has not been found persuasive. MPEP 2123.I. states: "The use of patents as references is not limited to what the patentees describe as their own inventions or to the problems with which they are concerned. They are part of the literature of the art, relevant for all they contain." In re Heck, 699 F.2d 1331, 1332-33, 216 USPQ 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006, 1009, 158 USPQ 275, 277 (CCPA 1968)). A reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art, including nonpreferred embodiments. Merck & Co. v. Biocraft Labs., Inc. 874 F.2d 804, 10 USPQ2d 1843 (Fed. Cir. 1989), cert. denied, 493 U.S. 975 (1989). As set forth above, Hoffmann teaches a method of reducing mycotoxin contamination in plants and/or any plant material and/or plant propagation material comprising applying to the plant or plant propagation material an effective amount of a compound of formula (I) (claim 1): PNG media_image1.png 297 530 media_image1.png Greyscale wherein the mycotoxin is deoxynivalenol, including a closely similar compound to the claimed compound, PNG media_image2.png 198 397 media_image2.png Greyscale and in particular embodiments the compounds according to formula (I) can be combined with other active ingredients like fungicides, including prothioconazole. As set forth above, Hoffman teaches Hoffman teaches R14 of formula (I) stands for hydrogen or halogen (claim 1) and halogen is preferably fluorine, bromine or chlorine (page 5 ,line 23). Thus, Hoffman teaches R14 is alternatively hydrogen or halogen, including chlorine. As set forth above, it would have been prima facie obvious to arrive at the claimed compound from the teachings of Hoffman for use in a method of reducing mycotoxin contamination in plants and/or any plant material and/or plant propagation material comprising applying to the plant or plant propagation material wherein the mycotoxin is deoxynivalenol since compounds similar in structure would be expected to have similar properties. A prima facie case of obviousness may be made when chemical compounds have very close structural similarities and similar utilities. "An obviousness rejection based on similarity in chemical structure and function entails the motivation of one skilled in the art to make a claimed compound, in the expectation that compounds similar in structure will have similar properties." In re Payne, 606 F.2d 303, 313, 203 USPQ 245, 254 (CCPA 1979). Moreover, one of ordinary skill in the art would have been further motivated to utilize the compound suggested by Hoffmann in view of the teachings of Haas since Hass teaches the claimed compound is useful in a method of enhancing crop plants by applying to the plants, plant parts, plant propagation material, or a plant growing locus a compound of formula (I) (claim 1); wherein the compound is Compound (II) (claim ): PNG media_image3.png 196 376 media_image3.png Greyscale As set forth above, Hass teaches Compound of formula (II) shows an excellent fungicidal activity and is effective for reduction of mycotoxin contamination in plants; mycotoxins (in particular deoxynivalenol) are produced for example by different Fusarium species as described in WO2012/072575 (which is the same as instantly cited Hoffman) (page 3, lines 7-16). Thus, as set forth above, Haas clearly teaches pydiflumetofen is useful for reducing mycotoxin contamination including deoxynivalenol contamination. Applicant argues: Regardless of any mention in Haas of compound (II), the reference does not include any teaching or direction to combine with prothioconazole. Moreover, the passages of Hoffmann relied on at pages 12-13 listed above are but a minor portion of the listing spanning from pages 12-18 listing possible "other active ingredients." Notably, none of the working examples of Hoffmann combine active ingredients. Examiner's response: The above argument has been carefully considered and has not been found persuasive. MPEP 2123 states: A reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art, including nonpreferred embodiments. Merck & Co. v. Biocraft Labs., Inc. 874 F.2d 804, 10 USPQ2d 1843 (Fed. Cir. 1989), cert. denied, 493 U.S. 975 (1989). Disclosed examples and preferred embodiments do not constitute a teaching away from a broader disclosure or nonpreferred embodiments. In re Susi, 440 F.2d 442, 169 USPQ 423 (CCPA 1971). "A known or obvious composition does not become patentable simply because it has been described as somewhat inferior to some other product for the same use." In re Gurley, 27 F.3d 551, 554, 31 USPQ2d 1130, 1132 (Fed. Cir. 1994). In the instant case, the fact that none of the examples of Hoffman include prothioconazole does not teach away from selecting this agent from the alternatives taught as suitable for use for the disclosed methods. Moreover, Applicants are reminded that it must be remembered that the references are relied upon in combination and are not meant to be considered separately as in a vacuum. It is the combination of all of the cited and relied upon references, which make up the state of the art with regard to the claimed invention. The test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference and it is not that the claimed invention must be expressly suggested in any one or all of the references; but rather the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981). In the instant case, as set forth above, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the teachings of the references so as to produce a composition consisting of pydiflumetofen taught by the combination of Hoffman and Haas to further consist of prothioconazole taught by Hoffman and Sztor. One would have been motivated to utilize pydiflumetofen since the prior art teaches structurally similar compounds are suitable for use in a method of deoxynivalenol contamination in plants and/or any plant material and/or plant propagation material and pydiflumetofen is effective for mycotoxin contamination and since compounds similar in structure would be expected to have similar properties. One of ordinary skill would have been motivated to combine pydiflumetofen and prothioconazole since they are both taught to be useful for reducing mycotoxin contamination including deoxynivalenol. Moreover, the instant situation is amenable to the type of analysis set forth in In re Kerkhoven, 205 USPQ 1069 (CCPA 1980) wherein the court held that it is prima facie obvious to combine two agents each of which is taught by the prior art to be useful for the very same purpose. The idea of combining them flows logically from having been individually taught in the prior art. Applying the same logic to the instant claims, one of ordinary skill in the art would have been imbued with at least a reasonable expectation of success that by combining the pydiflumetofen rendered obvious by Hoffman and Hass with prothioconazole, one would have achieved a composition suitable for use in a method of reducing deoxynivalenol contamination in plants and/or any plant material and/or plant propagation material and pydiflumetofen is effective for mycotoxin contamination. Applicant argues: Sztor does not describe any actual testing using prothioconazole, alone or with any other active ingredients, including pydiflumetofen. While Sztor may mention prothioconazole there is no reason from this reference to make the selection to combine with pydiflumetofen as the other compound. Examiner's response: The above argument has been carefully considered and has not been found persuasive. Applicants are reminded that it must be remembered that the references are relied upon in combination and are not meant to be considered separately as in a vacuum. It is the combination of all of the cited and relied upon references, which make up the state of the art with regard to the claimed invention. The teachings of Sztor were relied upon to establish that it was known in the art to utilize prothioconazole in a method of reducing deoxynivalenol contamination in plants. The teachings of Hoffman and Haas establish that it was known in the art to apply compositions to the plant or plant propagation material in a method of reducing mycotoxin (deoxynivalenol) contamination. Moreover, the teachings of Sztor further support that this was known in the art (see page 9, lines 35-36). Sztor teaches conventional technologies for controlling mycotoxins, such as foliar spray of fungicides may also with the present invention. Thus, the skilled artisan would have had a reasonable expectation of success that the combination of prothioconazole and pydiflumetofen could be applied as foliar application since it was known that foliar application was a conventional technique for controlling mycotoxins and since prothioconazole and pydiflumetofen where known to be useful for reducing mycotoxin contamination including deoxynivalenol. Applicant argues: Claim 1 now requires the plant treated by the method has at least 80% less deoxynivalenol contamination than a plant which has not been treated. The cited references that only include the possibility of using the individual components of the required combination provide no indication that their combination would provide this affirmative limitation of claim 1. In addition, the methods of claims 1 and 3 each consist of the step of applying the combination pyridiflumetofen and prothioconazole. Thus, other active ingredients are not applied in accordance with these methods. Accordingly, the claimed methods exclude using any of the compositions tested in Hoffmann (i.e., Examples 1, 2, and 3) or tested in Sztor (i.e., fludioxonil). Applicant respectfully submits there is no teaching or direction from the cited references to combine pydiflumetofen and prothioconazole in the manner required in claims 1 and 3 where these are the only actives utilized and applied and defined by the additional affirmative limitations, i.e., the method of claim 1 for reducing deoxynivalenol (DON) contamination in a plant where the plant treated has at least 80% less deoxynivalenol contamination than a plant which has not been treated and the method of claim 3 for increasing plant yield by reducing deoxynivalenaol contamination in a plant. Examiner's response: The above argument has been carefully considered and has not been found persuasive. As set forth above, regarding the limitation “wherein the plant has at least 80% less deoxynivalenol contamination than a plant which has not been treated, the wherein limitations of this claim, is considered to simply express the intended result of a process step positively recited, which is not given patentable weight (See MPEP 2111.04: [T]he court noted (quoting Minton v. Nat'lAss'n of Securities Dealers, Inc., 336 F.3d 1373, 1381, 67 USPQgd 1614, 1690 (Fed. Cir. 2003)) that a "'whereby clause in a method claim is not given weight when it simply expresses the intended result of a process step positively recited.'" Hoffer v. Microsoft Corp., 405 F.3d 1396, 1399, 74 USPQgd 1481, 1483 (Fed. Cir. 2005).). In the instant case, the wherein clause is directed to the intended result (i.e., 80% less deoxynivalenol than a plant which has not been treated) of the process step positively recited (i.e., treating a plant with pydiflumetofen and prothioconazole to reduce deoxynivalenol contamination). With regard to the argument that the methods of the instant claims each consist of the step of applying the combination pyridiflumetofen and prothioconazole, as set forth above, Hoffmann teaches in particular embodiments the compounds according to formula (I) can be combined with other active ingredients like fungicides (page 12, lines 26-27); including prothioconazole (page 12, line 29-page 13, line 12). Thus, Hoffmann suggest combining a structurally similar compound with prothioconazole. Moreover, Haas teaches Compound of formula (II) shows an excellent fungicidal activity and is effective for reduction of mycotoxin contamination in plants; mycotoxins (in particular deoxynivalenol) are produced for example by different Fusarium species as described in WO2012/072575 (which is the same as instantly cited Hoffman) (page 3, lines 7-16). Thus, Haas suggests pydiflumetofen is useful for reducing mycotoxin contamination including deoxynivalenol contamination. As set forth above, Sztor teaches a method of reducing deoxynivalenol contamination comprising administering prothioconazole. As set forth above, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the teachings of the references so as to produce a composition consisting of pydiflumetofen taught by the combination of Hoffman and Haas to further consist of prothioconazole taught by Hoffman and Sztor. One would have been motivated to utilize pydiflumetofen since the prior art teaches structurally similar compounds are suitable for use in a method of deoxynivalenol contamination in plants and/or any plant material and/or plant propagation material and pydiflumetofen is effective for mycotoxin contamination and since compounds similar in structure would be expected to have similar properties. One of ordinary skill would have been motivated to combine pydiflumetofen and prothioconazole since they are both taught to be useful for reducing mycotoxin contamination including deoxynivalenol. Moreover, the instant situation is amenable to the type of analysis set forth in In re Kerkhoven, 205 USPQ 1069 (CCPA 1980) wherein the court held that it is prima facie obvious to combine two agents each of which is taught by the prior art to be useful for the very same purpose. The idea of combining them flows logically from having been individually taught in the prior art. Applying the same logic to the instant claims, one of ordinary skill in the art would have been imbued with at least a reasonable expectation of success that by combining the pydiflumetofen rendered obvious by Hoffman and Hass with prothioconazole, one would have achieved a composition suitable for use in a method of reducing deoxynivalenol contamination in plants and/or any plant material and/or plant propagation material and pydiflumetofen is effective for mycotoxin contamination. Conclusion Claims 1-6 and 8 are rejected. No claim is allowed. Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAYNA B RODRIGUEZ whose telephone number is (571)272-7088. The examiner can normally be reached 8am-5:00pm, Monday - Thursday. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amy L Clark can be reached at 571-272-1310. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /Rayna Rodriguez/ Primary Examiner, Art Unit 1628
Read full office action

Prosecution Timeline

Oct 19, 2020
Application Filed
Sep 27, 2023
Non-Final Rejection — §103
Feb 05, 2024
Response Filed
Apr 09, 2024
Final Rejection — §103
Jul 12, 2024
Request for Continued Examination
Jul 17, 2024
Response after Non-Final Action
Oct 04, 2024
Non-Final Rejection — §103
Feb 11, 2025
Response Filed
Apr 16, 2025
Final Rejection — §103
Jul 08, 2025
Request for Continued Examination
Jul 10, 2025
Response after Non-Final Action
Jul 30, 2025
Final Rejection — §103
Nov 25, 2025
Request for Continued Examination
Dec 01, 2025
Response after Non-Final Action
Mar 05, 2026
Non-Final Rejection — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12545851
FRAGRANCES WITH NOTE OF LILY OF THE VALLEY
2y 5m to grant Granted Feb 10, 2026
Patent 12534429
Heterodimers of Glutamic Acid
2y 5m to grant Granted Jan 27, 2026
Patent 12528769
SYNTHESIS OF (2S,5R)-5-(2-CHLOROPHENYL)-1-(2'-METHOXY-[1,1'-BIPHENYL]-4- CARBONYL)PYRROLIDINE-2-CARBOXYLIC ACID
2y 5m to grant Granted Jan 20, 2026
Patent 12527767
EYE DROPS TO TREAT CHEMICALLY INDUCED CORNEAL DAMAGE
2y 5m to grant Granted Jan 20, 2026
Patent 12521377
USES OF (+)-B-DIHYDROTETRABENAZINE IN METHODS OF TREATING MOVEMENT DISORDER
2y 5m to grant Granted Jan 13, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

6-7
Expected OA Rounds
32%
Grant Probability
55%
With Interview (+22.6%)
3y 2m
Median Time to Grant
High
PTA Risk
Based on 562 resolved cases by this examiner. Grant probability derived from career allow rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month